Key Points:
- UCC Advocacy: Karnataka High Court urges the central and state governments to enact a Uniform Civil Code (UCC) for gender equality and justice.
- Case Context: The recommendation came during a property dispute case involving unequal inheritance rights under Islamic law.
- Constitutional Vision: The court emphasized UCC as essential for achieving the ideals of equality, secularism, and justice enshrined in the Constitution.
- Broader Implications: UCC would address disparities in personal laws across religions, ensuring equal rights for women.
Bengaluru: The Karnataka High Court has made a strong appeal to the central and state governments to expedite the implementation of a Uniform Civil Code (UCC), citing its necessity to uphold the constitutional principles of equality, justice, and secularism. This significant recommendation was made by Justice Hanchate Sanjeev Kumar while hearing a property dispute case involving unequal inheritance rights under Islamic law.
Case Background: Unequal Inheritance Rights
The case revolved around the division of property left by Shahnaz Begum, a Muslim woman from Bengaluru. After her death, her siblings and husband became embroiled in a legal battle over her assets. Under Islamic law, her brothers received a larger share compared to her sister, who was classified as a “residuary” rather than an equal “sharer.” Justice Kumar upheld the trial court’s ruling but used the opportunity to highlight the broader issue of gender inequality in personal laws.
The court noted that Hindu personal laws provide daughters with equal inheritance rights as sons, while Islamic laws often result in unequal treatment of women. Justice Kumar emphasized that such disparities violate the constitutional guarantee of equality under Article 14.
Why UCC is Needed
Justice Kumar strongly advocated for the enactment of UCC as envisioned in Article 44 of the Constitution. He argued that personal laws based on religion perpetuate inequality among citizens, particularly women, despite their equal status under the Constitution. The judge pointed out that implementing UCC would eliminate these disparities and fulfill the aspirations outlined in the Preamble—justice, liberty, equality, and fraternity.
Quoting Dr. B.R. Ambedkar’s vision for a truly secular and egalitarian India, Justice Kumar stated that UCC is crucial for achieving national unity and integration. He also highlighted that states like Goa and Uttarakhand have already taken steps toward implementing uniform civil laws.
Impact on Women’s Rights
The court asserted that UCC would ensure equal rights and opportunities for women across all religions, removing discriminatory practices in matters like inheritance, marriage, and divorce. It would empower women by harmonizing personal laws with constitutional values.
Next Steps
In its ruling, the High Court directed that copies of its judgment be sent to the Chief Legal Secretaries of both the central and Karnataka governments to initiate legislative action on UCC. The court expressed hope that this long-debated reform would soon become a reality.
Broader Implications
The Karnataka High Court’s remarks reignite the national debate on UCC, which has been a contentious issue since India’s independence. While proponents argue it is essential for gender justice and national integration, critics raise concerns about infringing on religious freedoms guaranteed under Article 25.
This landmark statement by the Karnataka High Court underscores the urgent need for legal reforms to ensure equality among all citizens, regardless of religion or gender. By advocating for UCC, the court has taken a significant step toward addressing systemic inequalities in Indian society.
